(1) Annex II to Regulation (EC) No 1333/2008 lays down a Union list of food additives approved for use in food and their conditions of use.

(2) That list may be updated in accordance with the common procedure referred to in Article 3(1) of Regulation (EC) No 1331/2008, either on the initiative of the Commission or following an application.

(3) On the basis of the information provided by the Member States, the Commission has concluded that Annex II to Regulation (EC) No 1333/2008 should be amended as regards the use of E 950 Acesulfame K, E 951 Aspartame, E952 Cyclamic acid and its Na and Ca salts, E 954 Saccharin and its Na, K and Ca salts, E 955 Sucralose, E 959 Neohesperidine DC, E 961 Neotame, E 962 Salt of aspartame-acesulfame and E 969 Advantame in 'fine bakery products for special nutritional uses'.

(4) The use of sweeteners in 'fine bakery products for special nutritional uses' was authorised by the European Parliament and Council Directive 94/35/EC. The food 'fine bakery products for special nutritional uses' covered 'foods for persons suffering from carbohydrate metabolism disorders (diabetes)' regulated by Council Directive 89/398/EEC. This Directive established a common definition for ‘foodstuffs for particular nutritional uses’ and provided that specific provisions could be adopted as regards ‘food for persons suffering from carbohydrate metabolism disorders (diabetes)’, a category of food falling within the definition of foodstuffs for particular nutritional uses. relating to foodstuffs intended for particular nutritional uses (OJ L 186, 30.6.1989, p. 27).

(5) However, as concluded in the Commission's report5 on foods for persons suffering from diabetes, the scientific basis for setting specific compositional requirements for those foods was lacking. Furthermore, Regulation (EU) No 609/2013 of the European Parliament and of the Council6 has abolished the concept of ‘foodstuffs for particular nutritional uses’, including that of ‘food for persons suffering from carbohydrate metabolism disorders (diabetes)’.

(6) Therefore, the authorisation of those sweeteners in 'fine bakery products for special nutritional uses' in accordance with Article 7(c) of Regulation (EC) No 1333/2008 is no longer justified and those products should not continue to be marketed.

(7) Furthermore, uniform application of the conditions for authorisation of use of sweeteners would ensure clarity and the proper functioning of the internal market.

(9) Annex II to Regulation (EC) No 1333/2008 should therefore be amended accordingly.

(10) In order to allow economic operators to adapt to the new rules, it is appropriate to provide for a transitional period during which fine bakery products for special nutritional uses containing any of those sweeteners may continue to be marketed.

(11) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,